14 | 13 | | A BILL TO BE ENTITLED 1 |
---|
15 | 14 | | AN ACT TO CREATE AND FUND A CONTINUOUS ALCOHOL MONITORING FUND TO 2 |
---|
16 | 15 | | BE USED FOR THE PURPOSE OF PROVIDING ACCESS TO CONTINUOUS 3 |
---|
17 | 16 | | ALCOHOL MONITORING AS A SENTENCING OPTION TO PERSONS THE COURT 4 |
---|
18 | 17 | | DETERMINES ARE UNABLE TO PAY FOR THE CONTINUOUS ALCOHOL 5 |
---|
19 | 18 | | MONITORING. 6 |
---|
20 | 19 | | The General Assembly of North Carolina enacts: 7 |
---|
21 | 20 | | SECTION 1. G.S. 18B-804 reads as rewritten: 8 |
---|
22 | 21 | | "§ 18B-804. Alcoholic beverage pricing. 9 |
---|
23 | 22 | | … 10 |
---|
24 | 23 | | (b) Sale Price of Spirituous Liquor. – The sale of spirituous liquor, including antique 11 |
---|
25 | 24 | | spirituous liquor, sold at the uniform State price shall consist of the following components: 12 |
---|
26 | 25 | | … 13 |
---|
27 | 26 | | (10) An additional charge of five cents (5¢) on each bottle. 14 |
---|
28 | 27 | | (b1) Price of Spirituous Liquor Sold at Distillery or Distillery Estate District. – When the 15 |
---|
29 | 28 | | holder of a distillery permit sells spirituous liquor distilled at the distillery pursuant to 16 |
---|
30 | 29 | | G.S. 18B-1105(a)(4), or an on- or off-premises unfortified wine permittee sells spirituous liquor 17 |
---|
31 | 30 | | in a distillery estate district, the retail price of the spirituous liquor shall be the uniform State 18 |
---|
32 | 31 | | price set by subsection (a) of this section. However, the holder of the permit shall not be required 19 |
---|
33 | 32 | | to remit the components of the price set forth by subdivisions (2), (3), (5), (6), (6a), (6b), and (7) 20 |
---|
34 | 33 | | (7), and (10) of subsection (b) of this section. 21 |
---|
35 | 34 | | …." 22 |
---|
36 | 35 | | SECTION 2. G.S. 18B-805(b) reads as rewritten: 23 |
---|
37 | 36 | | "(b) Primary Distribution. – Before making any other distribution, a local board shall first 24 |
---|
38 | 37 | | pay the following from its gross receipts: 25 |
---|
39 | 38 | | … 26 |
---|
40 | 39 | | (5) Each month the local board shall pay to the Division of Community 27 |
---|
41 | 40 | | Supervision and Reentry of the Department of Adult Correction the proceeds 28 |
---|
42 | 41 | | from the charge required by G.S. 18B-804(b)(10) to be deposited into the 29 |
---|
43 | 42 | | Continuous Alcohol Monitoring Fund created under G.S. 15A-1343.3 and 30 |
---|
44 | 43 | | used in accordance with the purpose of that fund." 31 |
---|
45 | 44 | | SECTION 3. G.S. 15A-1343.3 reads as rewritten: 32 |
---|
46 | 45 | | "§ 15A-1343.3. Division of Community Supervision and Reentry of the Department of 33 |
---|
47 | | - | Adult Correction to establish regulations for continuous alcohol monitoring 34 General Assembly Of North Carolina Session 2025 |
---|
48 | | - | Page 2 House Bill 216-First Edition |
---|
49 | | - | systems; payment of fees; authority to terminate monitoring.monitoring; 1 |
---|
50 | | - | creation of Continuous Alcohol Monitoring Fund. 2 |
---|
51 | | - | … 3 |
---|
52 | | - | (c) There is created in the Division of Community Supervision and Reentry of the 4 |
---|
53 | | - | Department of Adult Correction the Continuous Alcohol Monitoring Fund to be used for the 5 |
---|
54 | | - | purpose of providing access to continuous alcohol monitoring as a sentencing option to persons 6 |
---|
55 | | - | the court determines are unable to pay for the continuous alcohol monitoring. If the court 7 |
---|
56 | | - | determines that continuous alcohol monitoring should be ordered and the convicted person is 8 |
---|
57 | | - | unable to pay for the continuous alcohol monitoring, the court may order that the Division of 9 |
---|
58 | | - | Community Supervision and Reentry of the Department of Adult Correction pay, from the Fund 10 |
---|
59 | | - | established in this subsection, the cost of continuous alcohol monitoring for the period of time 11 |
---|
60 | | - | required by the court. To the extent practicable, funds deposited in the Fund in accordance with 12 |
---|
61 | | - | G.S. 18B-805 shall be used in the county where the charge under G.S. 18B-804(b)(10) is 13 |
---|
62 | | - | collected." 14 |
---|
63 | | - | SECTION 4. G.S. 20-179(k4) reads as rewritten: 15 |
---|
64 | | - | "(k4) Continuous Alcohol Monitoring Exception. – Notwithstanding the provisions of 16 |
---|
65 | | - | subsections (g), (h), (k2), and (k3) of this section, if the court finds, upon good cause shown, that 17 |
---|
66 | | - | the defendant should not be required to pay the costs of the continuous alcohol monitoring 18 |
---|
67 | | - | system, the court shall not impose the use of a continuous alcohol monitoring system unless (i) 19 |
---|
68 | | - | the local governmental entity responsible for the incarceration of the defendant in the local 20 |
---|
69 | | - | confinement facility agrees to pay the costs of the system.system or (ii) the court orders the 21 |
---|
70 | | - | Division of Community Supervision and Reentry of the Department of Adult Correction to pay 22 |
---|
71 | | - | the costs in accordance with G.S. 15A-1343.3." 23 |
---|
72 | | - | SECTION 5. Sections 1 and 2 of this act become effective July 1, 2025, and apply 24 |
---|
73 | | - | to sales occurring on or after that date. Sections 3 and 4 of this act become effective July 1, 2025, 25 |
---|
74 | | - | and apply to sentences imposed on or after that date. The remainder of this act becomes effective 26 |
---|
75 | | - | July 1, 2025. 27 |
---|
| 46 | + | Adult Correction to establish regulations for continuous alcohol monitoring 34 |
---|
| 47 | + | systems; payment of fees; authority to terminate monitoring.monitoring; 35 |
---|
| 48 | + | creation of Continuous Alcohol Monitoring Fund. 36 |
---|
| 49 | + | H.B. 216 |
---|
| 50 | + | Feb 25, 2025 |
---|
| 51 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
---|
| 52 | + | Page 2 DRH30106-MLxf-78 |
---|
| 53 | + | … 1 |
---|
| 54 | + | (c) There is created in the Division of Community Supervision and Reentry of the 2 |
---|
| 55 | + | Department of Adult Correction the Continuous Alcohol Monitoring Fund to be used for the 3 |
---|
| 56 | + | purpose of providing access to continuous alcohol monitoring as a sentencing option to persons 4 |
---|
| 57 | + | the court determines are unable to pay for the continuous alcohol monitoring. If the court 5 |
---|
| 58 | + | determines that continuous alcohol monitoring should be ordered and the convicted person is 6 |
---|
| 59 | + | unable to pay for the continuous alcohol monitoring, the court may order that the Division of 7 |
---|
| 60 | + | Community Supervision and Reentry of the Department of Adult Correction pay, from the Fund 8 |
---|
| 61 | + | established in this subsection, the cost of continuous alcohol monitoring for the period of time 9 |
---|
| 62 | + | required by the court. To the extent practicable, funds deposited in the Fund in accordance with 10 |
---|
| 63 | + | G.S. 18B-805 shall be used in the county where the charge under G.S. 18B-804(b)(10) is 11 |
---|
| 64 | + | collected." 12 |
---|
| 65 | + | SECTION 4. G.S. 20-179(k4) reads as rewritten: 13 |
---|
| 66 | + | "(k4) Continuous Alcohol Monitoring Exception. – Notwithstanding the provisions of 14 |
---|
| 67 | + | subsections (g), (h), (k2), and (k3) of this section, if the court finds, upon good cause shown, that 15 |
---|
| 68 | + | the defendant should not be required to pay the costs of the continuous alcohol monitoring 16 |
---|
| 69 | + | system, the court shall not impose the use of a continuous alcohol monitoring system unless (i) 17 |
---|
| 70 | + | the local governmental entity responsible for the incarceration of the defendant in the local 18 |
---|
| 71 | + | confinement facility agrees to pay the costs of the system.system or (ii) the court orders the 19 |
---|
| 72 | + | Division of Community Supervision and Reentry of the Department of Adult Correction to pay 20 |
---|
| 73 | + | the costs in accordance with G.S. 15A-1343.3." 21 |
---|
| 74 | + | SECTION 5. Sections 1 and 2 of this act become effective July 1, 2025, and apply 22 |
---|
| 75 | + | to sales occurring on or after that date. Sections 3 and 4 of this act become effective July 1, 2025, 23 |
---|
| 76 | + | and apply to sentences imposed on or after that date. The remainder of this act becomes effective 24 |
---|
| 77 | + | July 1, 2025. 25 |
---|